A10093 Summary:

BILL NOA10093
 
SAME ASNo Same As
 
SPONSORGalef
 
COSPNSR
 
MLTSPNSR
 
Amd 130.92, Pen L; add Art 5 Part 6 566, Fam Ct Act
 
Terminates the parental rights with respect to a specific child of a person convicted of rape that resulted in the conception of such child.
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A10093 Actions:

BILL NOA10093
 
05/10/2016referred to codes
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A10093 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10093
 
SPONSOR: Galef
  TITLE OF BILL: An act to amend the penal law and the family court act, in relation to terminating the parental rights with respect to a specific child of a person convicted of rape that resulted in the conception of such child   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to terminate the parental rights of a person convicted of rape resulting in the conception of a child.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Section 130.92 of the Penal Law is amended by adding a new subdivision 4 to read as follows: The parental rights and responsibil- ities with respect to a child of a parent convicted of the crime of rape in the first degree as defined in section 130.35 of this article, rape in the second degree as defined in section 130.30 of this article, or rape in the third degree as defined in section 130.25 of this article, that resulted in the conception of such child may be terminated in accordance with section five hundred sixty-six of the family court act. Section 2. A new part 6, § 566, is added to Article 5 of the Family Court Act and is titled TERMINATION OF PARENTAL RIGHTS UPON CONVICTION. It details the specific actions which the victim of a rape may take to terminate the parental rights and responsibilities of her rapist, when the rape results in the conception of a child. When the parent of a child is convicted of rape in the first, second or third degree (as defined in Sections 130.35, 130.30 and 130.25 of the Penal law), and that rape results in the conception of that child, the other parent (or the other parent's parent or guardian, if the other parent is a minor) may petition for termination of parental rights and responsibilities. The petition that requests the termination of parental rights and responsibilities will be filed with the court and will allege that the parent was convicted of rape (as described above), and that said rape resulted in the child's conception. The court will commence a hearing to determine if these allegations are supported by clear and convincing proof, and if so, the court shall terminate the parental rights and responsibilities of the convicted parent. Section 3. Establishes the effective date.   JUSTIFICATION: A study concluded in the year 2000 estimated that in the U.S., 25,000 rape-induced pregnancies occur annually. Without laws in place to protect the victim of rape and child conceived of rape, rapists have the same parental rights and privileges as any other parent would. "As a result of this legal absence, raped women and their children are left to face substantial and potentially terrible consequences... they may be forced to share custody privileges of their children with their rapists, to ensure their rapists' access to their children, to foster their rapists' relationships with their children, and, in some cases, to make joint decisions about their children's welfare." (Shama R. Prewitt, Giving Birth to a "Rapist's Child": A Discussion and Analysis of the Limited Legal Protections Afforded to Women Who Become Mothers Through Rape, Volume 98, Geo. L.J., 827 (2009)). The victim of a rape who is forced to constantly interact with the rapist may never fully heal from the trauma of rape. This trauma may cause a parent to fear for their own safety as well as the safety of their children. This can hardly be considered a safe or emotionally stable environment for a child. In addition, rapists may use the threat of custody as a method by which they can avoid being prosecuted for the crime of rape. "Some rapists may capitalize on these women's fear of sharing custody or visitation rights by manipulating them into dropping or failing to initiate criminal charges in exchange for an agreement to voluntarily terminate parental rights." (Id.) It is the state's responsibility to protect children and the victims of crime. It is also the states responsibility to ensure that rapists are adequately punished. However, allowing rapists who have conceived a child to terrorize their victims in perpetuity through parental rights runs counter to the state's obligations. This bill would help the victims of rape begin their healing process without being forced to constantly interact with their rapist, as well as help keep convicted rapists from manipulating their victims into dropping criminal charges against them.   PRIOR LEGISLATIVE HISTORY: A. 6238 of 2015/2016 (Hon. Barbara Clark)   FISCAL IMPLICATIONS: There are no fiscal implications associated with the passage of this legislation.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A10093 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10093
 
                   IN ASSEMBLY
 
                                      May 10, 2016
                                       ___________
 
        Introduced  by M. of A. GALEF -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law and the family court act, in  relation  to
          terminating  the parental rights with respect to a specific child of a
          person convicted of rape that resulted in the conception of such child
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 130.92 of the penal law is amended by adding a new
     2  subdivision 4 to read as follows:
     3    4. The parental rights and responsibilities with  respect to  a  child
     4  of  a  parent  convicted  of  the  crime  of rape in the first degree as
     5  defined in section 130.35 of this article, rape in the second degree  as
     6  defined  in  section 130.30 of this article, or rape in the third degree
     7  as defined in section 130.25 of  this  article,  that  resulted  in  the
     8  conception  of  such  child may be terminated in accordance with section
     9  five hundred sixty-six of the family court act.
    10    § 2. Article 5 of the family court act is amended by adding a new part
    11  6 to read as follows:
    12                                    PART 6
    13               TERMINATION OF PARENTAL RIGHTS UPON CONVICTION
    14  Section 566. Termination of parental rights  and  responsibilities  upon
    15                 conviction for rape.
    16    §  566.  Termination  of  parental  rights  and  responsibilities upon
    17  conviction for rape. (a) The parental rights and  responsibilities  with
    18  respect  to  a specific child of a parent convicted of the crime of rape
    19  in the first degree as defined in section 130.35 of the penal law,  rape
    20  in  the  second degree as defined in section 130.30 of the penal law, or
    21  rape in the third degree as defined in section 130.25 of the penal  law,
    22  that  resulted  in  the  conception  of  such child may be terminated in
    23  accordance with this section.
    24    (b) The petition for termination may be filed by the other parent  or,
    25  if  the  other  parent  is  a minor, the parent or guardian of the other
    26  parent.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08608-01-5

        A. 10093                            2
 
     1    (c) The petitioner may file a petition with the  court  that  requests
     2  the  termination  of  the  parental  rights  and responsibilities of the
     3  convicted parent and alleges:
     4    (1)  that  the  parent was convicted of the crime of rape in the first
     5  degree as defined in section 130.35 of the penal law, rape in the second
     6  degree as defined in section 130.30 of the penal law,  or  rape  in  the
     7  third degree as defined in section 130.25 of the penal law; and
     8    (2) that such crime resulted in the conception of the child.
     9    (d)  Upon  receipt of the petition, the court shall commence a hearing
    10  to determine whether the allegations established in subdivision  (c)  of
    11  this  section have been supported by clear and convincing proof. If such
    12  allegations have been proven, the court  shall  terminate  the  parental
    13  rights and responsibilities of the parent.
    14    §  3.  This  act shall take effect on the ninetieth day after it shall
    15  have become a law.
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